Comment Re:Full Retard Mode Activate! (Score 1) 220
Nothing relating to international law is clear cut. In this case, you forgot Article XXI of GATT, "Security Exceptions."
"Nothing in this Agreement shall be construed
(a) to require any contracting party to furnish any information the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent any contracting party from taking any action which it considers necessary for the protection of its essential security interests
(i) relating to fissionable materials or the materials from which they are derived;
(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
(iii) taken in time of war or other emergency in international relations; or
(c) to prevent any contracting party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security."
The great thing about this article is it's self-judging -- in particular, XXI(b)(ii) can be interpreted to apply to almost anything. Cf. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2079608.
"Nothing in this Agreement shall be construed
(a) to require any contracting party to furnish any information the disclosure of which it considers contrary to its essential security interests; or
(b) to prevent any contracting party from taking any action which it considers necessary for the protection of its essential security interests
(i) relating to fissionable materials or the materials from which they are derived;
(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment;
(iii) taken in time of war or other emergency in international relations; or
(c) to prevent any contracting party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security."
The great thing about this article is it's self-judging -- in particular, XXI(b)(ii) can be interpreted to apply to almost anything. Cf. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2079608.